This is second bail application by the appellant, while first bail application was rejected being not pressed.
Learned counsel for applicant-appellant submits that applicant has been convicted and sentenced 11 years R.I. under Section 8/20 NDPS with fine of Rupees Two Lacs. He further submits that applicant has served substantial part of the sentence and is in jail for the last seven years. He again submits that applicant has no criminal history and there is no possibility of appeal being heard in near future.
Sri V.K.Tiwari, Additional Advocate General, opposed the bail on the ground that no leniency should be taken in the matter of such accused who are indulged in smuggling but agrees that hearing of the appeal may take some time.
Considering the aforesaid submissions and all the attending circumstances, I am of the view that the appellant is liable to be enlarged on bail.
Let appellant Hemendra Kumar Soni, convict of S.T No. 71 of 2005, Case Crime No. 389 of 2005, under Sections 8/20 NDPS Act, P.S.Motipur, district Bahraich, be released on bail on his furnishing a personal-bonds and two sureties each in the like amount to the satisfaction of the court concerned.
Realization of half of the fine is stayed. Remaining half fine shall be deposited by the appellant within one month from the date of his release on bail.
Order Date :- 29.8.2012 VB/-